Iowa Airport Land Use Guidebook Color/9...strategies outlined in this Chapter should be evaluated on...

Iowa Airport Land Use Guidebook

CHAPTER 5

PREVENTION AND MITIGATION STRATEGIES


Chapter 5 Prevention and Mitigation Strategies

January 2008

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January 2008 Page 1 of 36

5.0 Prevention and Mitigation Strategies

The prevention and mitigation of incompatible land use is a challenging task

that often requires the use of a multitude of techniques. With airports facing

encroachment from various types of land uses, as well as political,

environmental, and public pressures, it is necessary to evaluate each

individual airport and its environs to assess their needs. Land use decisions

are often influenced by an array of criteria; therefore, it is imperative to

understand the complicated relationship between land uses, airports, and

host communities. This chapter summarizes a collection of generally

accepted methods for the prevention, mitigation, and limitation of

incompatible land uses, which can be adapted to address the specific needs

of individual airports.

Preventative and mitigation strategies are tools that federal, state, and local

governments can utilize to address incompatible land uses. While federal

and state agencies develop guidelines and recommendations for compatible

land use, the majority of the responsibility for implementation and

enforcement of programs and decisions lie with local government officials,

city and county planners, airports sponsors, and citizens.

An airport’s area of influence and related airspace can often span across

multiple jurisdictions, further complicating the implementation of land use

controls. Communities that lie within the airport’s jurisdictional boundary

must coordinate efforts to preserve and protect the airport’s environs. Iowa

Code, Chapter 28E Joint Exercise of Governmental Powers, Section 23E.1

enables multiple jurisdictions to enter into partnerships to provide a means

for continued growth and development of the surrounding communities

including airport facilities, as well as Chapter 329 Airport Zoning that allows

for extraterritorial airport zoning. Effective communication between all

entities involved is essential to the development, implementation, and

maintenance of compatible land uses. Appendix M of the Guidebook

provides a brief summary of these Code sections, which can also be

accessed at web site:

www.legis.state.ia.us/IowaLaw.html

Planning techniques and zoning ordinances are used at the local level to prevent incompatible land uses.




Local governments are responsible for developing comprehensive plans and

local zoning ordinances, as well as reviewing site plans, plat maps (maps

that define lot boundaries), and subdivision plans to maintain compatible land

use within the airport’s environs. Various local units of government involved

in the planning process can include but are not limited to:

• City councils

• City planning and zoning departments

• City building departments

• County boards and commissions

• County planning departments

• Regional planning agencies

• Airport authorities and commissions

Coordination and communication between local units of government and

airports is vital to the effective implementation and enforcement of land use

compatibility plans, which include compatible land use within the airport’s

environs.

In an effort to build cooperation, the aforementioned entities need to be

involved in the planning process, as well as those who:

• Are directly involved in transportation

• Depend on the airport for product transport

• Have influence on overall community plans

• Are transportation professionals

• Use the airport for daily activities

• Are community decision makers

• Are impacted by airport projects

Involving public agencies, as well as business interests and aviation users,

creates a more comprehensive forum from which to develop land use

compatibility plans. Local understanding and support is essential to preserve

the community’s aviation needs and result in the successful implementation

of a land use compatibility plan, which should protect the airport from the

encroachment of incompatible land uses.




Communities and airports are unique in their physical requirements, goals,

users, service markets, environs, and local economies. Each factor shapes

the overall development of a land use compatibility plans for individual

airports. Table 5-1 illustrates the relationships between stakeholders within

the community and their role as it relates to land use compatibility issues.

Criteria such as the type of ownership, local size, political structure,

community interest in the airport, and the type of airport are all involved in the

implementation of compatible land use decisions. Consequently, the

strategies outlined in this Chapter should be evaluated on a case-by-case

basis to develop an appropriate plan for land use compatibility for individual

airports.

Table 5-1 Matrix of Authority for Compatible Land Use Plans

Area of Interest Primary Responsibility Supporting Responsibility

FAA

Iowa DOT Office of Aviation Preservation of the state system of airports

Airport sponsors

Local governments (zoning and comprehensive planning)

FAA

Airport sponsor Safe air travel

Airlines

Iowa DOT Office of Aviation

FAA Adequate airport capacity Airport sponsors

Iowa DOT Office of Aviation

State agencies

Federal agencies

Minimizing the negative impacts of airport operations

Airport sponsors

Local governments (zoning and comprehensive planning)

Local government Airport sponsors

County government Iowa DOT Office of Aviation Planning for airport-compatible land uses

Regional government FAA

Approval of land uses Local government Zoning and comprehensive planning

Source: Adapted from Airports and Compatibility Land Use, Washington State, 1999




As illustrated in Table 5-1, the responsibility for prevention, mitigation, and

restriction of land use incompatibility lies with a number of agencies. The

primary responsibility is vested within local governmental entities such as

elected officials, local planning commissions, and planning departments.

While some of the prevention and mitigation techniques are authorized by

state level agencies, local agencies are typically responsible for the day-to-

day management and implementation of prevention and mitigation strategies.

Various strategies available for use can be grouped into four primary

categories:

• Planning related strategies

o Comprehensive plans

o Airport layout plan/master plan

o Airport land use zoning ordinance

o Height zoning ordinances

o Disclosure requirements

o Site plan reviews

o Plat reviews

o Deed restrictions

• Natural features

o Wildlife hazards

o Vegetation

• Acquisition and notification strategies

o Fee simple acquisitions

o Avigation and noise easements

o Non-suit covenants

o Disclosure to real estate buyers

o Hold harmless agreements

• Noise mitigation strategies

o Sound barriers

o Sound proofing




The strategies can be used separately on a case-by-case basis or in

conjunction with multiple strategies to mitigate land uses to best suit the

community and airport needs. Each of these categories and their associated

strategies are described in the following pages to provide additional details

when addressing land use issues. This is not an all inclusive list, but rather a

sample of the most widely used strategies. If other opportunities present

themselves, it is recommended that local agencies consult the Office of

Aviation and the FAA for potential use.

Table 5-2 illustrates a summary of the various prevention and mitigation

strategies related to the specific Airport Overlay Zones. Many of the

strategies and tools can be applied across numerous zones; however, some

are more appropriate in a specific zone than others, which are illustrated in

the following table. For example, land acquisition is most appropriate in

Zone A, however, instances can arise where land acquisition is an option in

Zones B and C, while Zones D and E are not likely to experience a need to

utilize land acquisition.




Table 5-2 Prevention and Mitigation Strategies Overview

Zone

A Zone

B Zone

C Zone

D Zone

E

A = Appropriate O = Optional L = Limited Use

Planning Related Strategies

Comprehensive Plans A A A A A

Airport Layout Plans and

Master Plans A A O O O

Airport Land Use Zoning

Ordinance A A A A A

Height Zoning Ordinance A A A A A

Disclosure Requirements A A A A O

Site Plan Reviews A A A O O

Plat Reviews O O O O L

Deed Restrictions O O O O L

Natural Features

Wildlife Hazards A A A O O

Vegetation A A A O O

Acquisition and Notification Strategies

Fee Simple Acquisition A O O L L

Avigation and Noise

Easements A A O O L

Non-Suit Covenants A A O O L

Disclosure to Real Estate

Buyers A A O O O

Hold Harmless Agreements O A O O L

Noise Mitigation Strategies

Sound Barriers A A O O O

Sound Proofing A A O O O

Source: Mead & Hunt




5.1 Planning Related Strategies

Planning provides a framework to establish a baseline of existing land uses

and forecast future growth. Compatible land use planning techniques focus

on site-specific issues within local communities. There are a number of

preventative tools and techniques local governments can implement to

discourage incompatible land uses including:

• Comprehensive plans

• Airport layout plans/airport master plans

• Airport overlay zoning ordinances

o Land uses

o Height

• Disclosure requirements

• Site plan review and plat review

• Deed restrictions

The planning techniques noted in this chapter will address the issue of

incompatible land uses and how they relate to airports in a way that will help

airport sponsors, planners, elected officials, and residents understand the

need for compatible land use near airports.

Strong local leadership and support from elected officials is important to

successful planning efforts at the airport and community level. Engaging and

educating local citizens within the vicinity of an airport is essential to create

an effective working relationship between elected officials, local airports, and

residents. This greater understanding by all participants can enhance the

implementation process of planning related strategies.

Figure 5-1 illustrates the relationship between the various planning

techniques. The following pages discuss the preventative tools that are

available to local governments for regulation around airport property.




Figure 5-1 Relationship of Planning Strategies

Source: Mead & Hunt, Inc.

Planning techniques serve as the foundation from which preventive and

corrective mitigation measures can be implemented for compatible land use

issues that involve existing developments, future growth of the airport, and

surrounding communities. These planning techniques are typically utilized in

three forms: plans, ordinances, and regulations. Planning documents

(plans) provide the basis for the development of ordinances and regulations,

which provide structure for the implementation of land use controls.

Ordinances are legal documents that are developed by municipalities to

regulate land uses and associated activities with designated locations to

protect, preserve, and enhance the quality of life for residents. Regulations

are the tools that provide authority for the day-to-day implementation of an

ordinance. The combination of all three of these techniques is necessary for

effective land use planning.




Ordinances reflect what is written in a community’s comprehensive plan and

are effective tools to reduce incompatible land uses surrounding airports.

When a local municipality undertakes the development of a zoning ordinance

for land use compatibility, consideration should be given to current zoning

and approval actions required by state agencies. A legal review of the

proposed airport land use and height overlay zoning ordinance is suggested

to determine if the ordinance is consistent with local and state regulations.

Zoning ordinances are used to specify permitted, regulated, and/or restricted

land uses that may endanger the health, safety, and welfare of citizens.

Ordinances that regulate airport land use and height should be incorporated

into a city and/or county’s comprehensive zoning ordinance to protect the

safe operation of airports and movement of aircraft, as well as the safety of

people on the ground in proximity to airports.

5.1.a. Comprehensive Plan

A local comprehensive plan should address land use as it relates to growth

and development of the surrounding community, on a county, township, and

city basis. A comprehensive plan is a strategic, long-range document and

generally includes: maps, charts, and text that explain the goals and

objectives established within the plan. Ideally, local governments use

comprehensive plans to guide the development of zoning ordinances, master

plans, and airport land use compatibility plans in order to make coordinated

decisions regarding compatible land use within the airports jurisdictional

boundary established by the planning process. The development of a

comprehensive plan consists of several phases including initial planning and

preparation, followed by public participation, review and evaluation, and final

adoption and implementation. The Iowa Code authorizes cities and counties

to adopt comprehensive plans. While comprehensive planning is technically

not required in Iowa, a city or county may find it difficult to defend zoning and

land use decisions without a comprehensive plan.

Purpose of Zoning Protect property values Protect natural resources Prevent nuisances Ensure land use compatibility Prevent overcrowding Prevent overuse




It is essential that the comprehensive planning process of a local community

consider its local or neighboring airport(s). If a local planning document does

not provide a foundation to support decision making regarding the

development of compatible land use in the vicinity of a local airport, it is

unlikely that an effective planning process can be accomplished. Airport

sponsors should become involved early in the planning process to share the

airport needs and future development plans with the local municipality. This

involvement should focus on educating the local municipality regarding the

value the airport brings to the community, as well as the need to preserve its

operational areas. Airports sponsors can become involved in the planning

process in several ways:

• Have representation on the planning advisory/steering committee.

• Provide comments during the public comment portion of the

process.

• Provide comments to other representatives of the advisory/steering

committee to present airport related concerns and issues.

• Share airport master plans/airport layout plans with the local

municipality to inform them of airport development.

• Become engaged in the general planning process to be involved on

a regular basis, not just during comprehensive planning exercises.

5.1.b. Airport Layout Plan/Airport Master Plan

An airport layout plan/airport master plan is a long-range plan that details the

growth and development of the airport. These plans are typically based on a

20-year planning time frame and should be reviewed and updated every five

to 10 years. The contents of an airport master plan are governed by the FAA

AC 150/5070-6B, Airport Master Plans and can be found on the FAA web

site at web address:

www.faa.gov/airports_airtraffic/airports/resources/advisory_circulars/media/150-5070-

6B/150_5070_6b_chg1.pdf

Questions often asked during the comprehensive planning process: Why do we need a Comprehensive Plan? What do we value in our community? Where should different land uses be located? How will development affect our environment? How will development affect our infrastructure? How does our land use fit within our surrounding community?




The airport layout plan/master plan provides local decision-makers with

information to guide growth and development of the airport and should be

used as a resource for the development of other community planning

documents, such as a local comprehensive plan. These plans should be

provided to the local land use decision-makers when they are evaluating

projects in proximity to an airport in order to maintain compatible land uses

for ultimate airport development. These plans are a guide in the continued

development of the airport. AC 150/5070-6B, Airport Master Plans

5.1.c. Airport Overlay Zoning Ordinance

An Airport Overlay Zoning Ordinance (AOZO) is an extraterritorial tool that

promotes compatible land use and height limitations within the vicinity of an

airport. The sponsoring jurisdiction determines the specific distance

governed by the AOZO. Appendix Q provides an outline to assist the

sponsoring party with the development of an Airport Land Use and Height

Overlay Zoning Ordinance Outline. The AOZO can include:

• Land use related restrictions

• Height related restrictions

• Combination of height and land use related restrictions

However, it is recommended that the combination of height and land use

restrictions be utilized when developing the AOZO in order to adequately

protect the airport, safe movement of aircraft, as well as the persons on the

ground within the vicinity of airports. Overlay zoning applies additional

conditions or restrictions to a specified area while retaining the existing base

zoning classification underneath the overlay zoning districts. Airport

sponsors that currently have a height related ordinance may want to consider

adding land use restrictions. The AOZO outline provided in Appendix Q can

also be useful in updating an existing ordinance.

It is highly recommended to implement a combination of height and land use restrictions to protect the airport from incompatible land uses.




The AOZO can be highly effective in addressing a number of potential

incompatibilities related to airport operational areas. An AOZO may limit the

height of objects surrounding an airport, as well as restricting specific land

uses that create conditions potentially hazardous to air navigation which are

essential in order to protect the health, safety, and welfare of residents, as

well as maintain safe aircraft movement and airport operational areas.

• Land Use Related Restrictions

An AOZO that addresses land use issues supersedes the existing

underlying zoning within specified zoning districts and are adopted

by city and/or county governments in order to prevent or mitigate

potentially incompatible land uses such as:

o Noise sensitivity related issues

o Safety related issues

� High concentrations of people

� Tall structures

� Visual obstructions

� Wildlife and bird attractants

Details regarding airport overlay zoning districts are discussed in

greater detail within Chapter 4 of the Guidebook. In addition,

detailed explanations regarding the aforementioned incompatible

land uses can be found within Chapter 3 of the Guidebook.

Iowa Code Chapter 329 Airport Zoning, provides cities and counties

with the ability to enforce zoning regulations or land use regulation to

protect and preserve airport facilities. Section 329.2 Airport Hazards

addresses the issues related to safe aircraft navigation during

various phases of flight (departure, approach, and maneuvering).

Iowa Code Chapter 335 County Planning and Zoning, specifically

provides counties with the ability to plan and zone districts that

pertain to the local airport. Chapter 414 Municipal Planning and

Zoning, provides cities with the ability to plan and zone districts that

pertain to the local airport. Appendix M contains a summary of

Iowa’s Code, which can be supplemented by utilizing Iowa’s

legislative web address can be found on the following web site:





• Height Related Restrictions

An AOZO that focuses on the safety of the airport and the public

must include height restrictions for developments beyond airport

property lines. Multiple jurisdictions can fall within an airport’s

jurisdictional boundary (i.e. three-mile radius). This concept is

known as ‘extraterritorial zoning’ and it plays an important role in

land use development in regions that have an airport or multiple

airports. Used as part of an AOZO, height restrictions preserve

navigable airspace.

Legally mandated by the FAA in Federal Aviation Regulation (FAR)

Part 77, Objects Affecting Navigable Airspace, any object or

structure that penetrates any of the ’imaginary surfaces‘ is

considered to be an obstruction to air navigation and form the basis

for height restriction zoning ordinances. Details regarding specific

height restrictions should be included in the AOZO and kept on file

with the appropriate governmental agencies (i.e. county, Office of

Aviation, FAA, etc.).

FAR Part 77 specifically requires that any person/organization who

intends to sponsor any of the following construction or alterations

must notify the Administrator of the FAA prior to construction:

o Any construction or alteration exceeding 200 feet above

ground level.

o Any construction or alteration:

� Within 20,000 feet of a public use or military airport

which exceeds a 100:1 surface from any point on the

runway of each airport with at least one runway more

than 3,200 feet.

� Within 10,000 feet of a public use or military airport

which exceeds a 50:1 surface from any point on the

runway of each airport with its longest runway no

more than 3,200 feet.

� Within 5,000 feet of a public use heliport which

exceeds a 25:1 surface.

o Any highway, railroad, or other traverse way whose

prescribed adjusted height would exceed that above noted

standards.

o When requested by the FAA.




o Any construction or alteration located on a public use airport

or heliport regardless of height or location.

Notification to FAA for off-airport development is done through web

site, Obstruction Evaluation/Airport Airspace Analysis (OE/AAA) that

allows for electronic filing of the Notice of Proposed Construction or

Alteration (FAA Form 7460-1). Instructions for filing notification for

on-airport development can be found at the following web site:

https://oeaaa.faa.gov/oeaaa/external/portal.jsp

In addition to FAR Part 77 requirements, Iowa Code Chapter 414,

Municipal Planning and Zoning Section 414.1 Building Restrictions

and 414.3 Basis of Regulations allows cities to regulate building

heights. Iowa Code Chapter 335 County Planning and Zoning also

allows counties to regulate the height and location of structures, as

well as Chapter 329 Airport Zoning which also regulates obstruction

that may pose a hazard to aircraft within the vicinity of the airport.

Appendix M of the Guidebook summarizes this legislation;

additionally the web site listed may be referenced for specific details:


5.1.d. Disclosure Requirements

Disclosure requirements can be an effective way to notify future property

owners of their proximity to an airport or area impacted by aircraft use. A

disclosure notice is a legal document, recorded with the local municipality,

which follows the title for a specific parcel of property. Disclosure

requirements can be established as part of a site plan review, local zoning

ordinance, or can be a stand alone process for properties near airport

environs.




A disclosure requirement can be as easy as putting the property owner on

notice that a specific parcel of property lies in proximity to an airport, which

may have potential safety hazards and noise issues associated with living

near an airport. This notice would allow the property owner to utilize

approved construction techniques and materials to soundproof the home to

reduce noise impacts from aircraft utilizing the airport. Refer to Appendix D

for sample language to be used when disclosing airport related noise issues

to real estate buyers.

5.1.e. Site Plan Review and Plat Review

Local zoning ordinances often require that individuals requesting

developments of any type submit a site plan for review. Local municipal

planners review the site plan to verify that the proposed development meets

all zoning requirements and is an appropriate land use. During the review

process, high concentrations of people, development densities, and potential

impacts to local airports should be considered.

Sites that are set for development must first be analyzed by local planning

commissions to verify that the proposed development meets all related

zoning requirements. Local subdivision ordinances identify requirements for

parcel layouts. Both certified survey map (CSM) and subdivision plat review

are required prior to the start of construction at a site. As part of the review

process, population and development density are studied for airport

compatibility and are subject to change on the opinion of the local planning

commission. The number of people that will congregate within a particular

development can be reviewed during the pre-construction process to be sure

that developments of higher density are not allowed near airport approach

zones.




The layout of property boundaries should also be reviewed in order to

preserve aircraft safety, as there are additional considerations when adjacent

or within one mile of the airport. A review guarantees that land use decisions

are discussed between local officials and developers before the development

is allowed to begin. Plat and CSM review is also an important tool in

preserving airport environs through the legal overview of parcel maps and

subdivided parcels before development can begin. Such review is typically

called for in the subdivision ordinance. Appendix E provides sample

language to be used relating to a Non-suit Covenant and Appendix F

provides sample language for a Noise Easement, while Appendix G

provides an Avigation Easement sample language.

5.1.f. Deed Restriction

Deed restrictions are an effective way to regulate the development of a

specific parcel of property. A deed restriction is a legal document, recorded

with the local municipality, which follows the title of that particular parcel of

property. The deed restriction defines what the property owner can and can

not do with the property as it pertains to the airport. Deed restrictions can be

established as part of a site and/or plat plan review process by either the

local municipality or the county that has jurisdiction over the airport.

5.2 Natural Features

Natural features should be considered in airport overlay zoning and land use

planning. Tall trees or the presence of wildlife can threaten navigable

airspace. Effective planning is critical for safe aircraft operations. Natural

feature planning strategies include addressing wildlife hazards and

vegetation concerns. Each of these features are discussed below.




5.2.a. Wildlife Hazards

A significant amount of research has been completed on issues pertaining to

wildlife management and is consolidated in the FAA/Department of

Agriculture, Wildlife Hazard Management at Airports manual. This manual

was developed for airport personnel and provides a considerable amount of

information related to wildlife hazards on or near airport environs. The

Wildlife Hazard Management at Airports manual can be referenced at the

following web site:

http://wildlife.pr.erau.edu/EnglishManual/2005_FAA_Manual_complete.pdf

This resource should be consulted to develop site specific wildlife

management plans for the reduction or elimination of wildlife attractants on or

near airport property. Implementation efforts to monitor wildlife activity are

an important step to determine how to protect airports from wildlife hazards

such as aircraft strikes with deer and birds.

Each airport has a unique blend of wildlife concerns ranging from waterfowl

(i.e. geese) and raptors (i.e. hawks, owls, and falcons) to small and large

mammals (i.e. woodchucks and deer). All available resources and

management techniques need to be utilized to develop a wildlife

management plan that addresses specific airport needs.

Methods to address wildlife mitigation issues typically begin with a wildlife

hazard assessment. This process evaluates specific wildlife issues at

airports and provides a baseline from which mitigation can be developed

through the use of a Wildlife Control Plan. A Wildlife Control Plan is a

comprehensive tool that includes specific control techniques and habitat

modifications to detach wildlife within airport environs. Control techniques

include wildlife removal, fence installation, and airport grounds maintenance

in such as way that wildlife is not attracted to the area. Available wildlife

habitat management techniques can include but are not limited to:

• Adequately spacing of non-fruit bearing trees.

• Maintaining vegetation such as grass in a manner to be undesirable,

unattractive cover and habitat to indigenous and migratory wildlife.

• Reduce and/or eliminate standing water to diminish the attractant.

• Use of audio repellents such as propane cannons to scare and

disperse wildlife.

Wildlife Hazard Management at airports is an important reference guide in developing site specific wildlife management plans.




• Manage consumer waste to reduce accessibility.

• Manage crops in farmed areas to minimize available food sources

such as prohibiting cereal grain crops.

• Install wildlife fence to reduce access to airport operational areas.

Additionally, there are techniques available that can be used to mitigate

wildlife problems such as:

• Physical relocation of wildlife, such as trapping and removal of deer.

• Depredation of wildlife, which may require permits from local, state,

or federal agencies.

• Use of pyrotechnics or noise makers to scare wildlife.

If considering depredation of migratory birds, contact the US Fish and

Wildlife Service for permitting information. The Iowa Department of Natural

Resources should be contacted for information related to depredation of

deer. Contact information can be found in Appendix L.

As previously mentioned in Chapter 3 of the Guidebook, Iowa DOT Office of

Aviation entered into a cooperative agreement with the United States

Department of Agriculture (USDA), Animal and Plant Inspection Services

(APHIS) Wildlife Services (WS) in 2006. This agreement allows the USDA

WS to conduct wildlife consultations (hazard assessments and control plans)

at general aviation airport within Iowa. The USDA APHIS WS utilizes the

information gathered from the general aviation airports to assist and develop

ways to reduce threats to aircraft posed by the multitude of wildlife species

including but not limited to deer, small rodents, birds, and other animals that

threaten aviation safety. The following web site reference illustrates the

various activities the USDA APHIS WS can assist your community:

www.aphis.usda.gov/wildlife_damage/

In addition to wildlife hazard assessments and wildlife control plans, a

concerted effort should be made to catalog all wildlife concerns including

wildlife strikes. All wildlife strikes should be reported to the FAA using Form

5200-7 and should include the type of strike and animal involved. This form

can be found by using the following web site address:

http://forms.faa.gov/forms/faa5200-7.pdf




5.2.b. Vegetation

In order to protect navigable airspace and the safe movement of aircraft, an

inventory of existing vegetation within the runway approach areas and RPZs

is recommended. Control measures to limit the height of trees, objects, and

structures within these areas should be outlined in an AOZO. Efforts should

be made to limit the existence of vegetation in proximity to airport environs

due to height and wildlife attractant hazards. Planting species of vegetation

with short growth heights can be an effective management tool. Species of

vegetation should also be evaluated for potential wildlife habitat and food

source attractants.

Consultation with the USDA WS is encouraged to manage site specific

issues related to wildlife hazards and vegetation concerns. When evaluating

vegetation concerns near airports, best management practices should be

utilized to minimize potential wildlife attractants. These best management

practices include but are not limited to the following:

• Limit planting bushy trees which provide protected roosting areas for

birds and cover for small mammals. For example, ornamental trees

such as Bradford Pears or evergreens such as spruce and fir trees

should be avoided due to their dense foliage.

• Limit planting trees or vegetation, which produce fruits or berries

used as a food source for birds or animals.

• Limit clusters of trees or vegetation, which provide a protected

environment for birds and small mammals. For example a cluster of

trees would be discouraged, while a planting of singular trees and

shrubs spread over a large area would be more desirable.

Appendix M contains references to various Iowa laws that can be applied to

environmental and wildlife related issues.

Vegetation can be an issue at airports due to either height and/or a wildlife attractant.




5.3 Acquisition and Notification Strategies

As a prevention and mitigation technique, land acquisition and notification

strategies can be used to remove, lower, or control existing land uses within

Runway Protection Zones (RPZs) and areas very close to airport environs.

As a preventive tool, acquisition or notification to property owners should

take place prior to the development of a conflicting land use to limit future

incompatible uses. Notification to property owner will alert an owner of

potential compatibility concerns and may define a compensation for an

impact identified as part of the easement. Table 5-3 illustrates the key

elements of acquisition and notification techniques to promote compatible

land uses on or near airport environs. The primary techniques for acquisition

and notification strategies include:

• Fee simple acquisitions

• Avigation and noise easements

• Non-suit covenants and hold harmless agreements

• Disclosure to real estate buyers

Each of these techniques is discussed in the following sections to illustrate

the various options available to acquire property or notify property owners

about land use concerns.

Acquisition, where feasible, is the preferred mitigation strategy.




Table 5-3 Acquisition and Notifications for Compatible Land Uses

Technique Description Key Value Primary Shortcoming When to Use

Fee Simple

Acquisition

Purchase of land

and all land use

rights.

Complete control over

future and pre-existing land

uses is vested with airports;

not reversible.

Often very costly with

possible legal opposition.

Land removed from tax

roles.

Protection of RPZs and areas

subject to high levels of noise

impact. Effective to resolve

existing problems and avoid

future problems. FAA grant

may be available for

acquisition.

Avigation and

Noise

Easements

Obtain the rights to

use or restrict use

in a specified

manner.

Provides more positive

control than zoning. Less

expensive than fee simple

acquisitions, land may

remain on active tax roles.

Attached to the title of the

property.

Does not completely alter

existing incompatible land

uses.

Used to compensate land

owner for impacts and to gain

right to remove obstructions

(i.e. trim trees) and limit future

growth on the property.

Non-Suit

Covenant

and

Hold Harmless

Agreement

Legal document

between property

owner and airport

sponsor that is

recorded with the

property title.

Typically used in

conjunction with an

avigation or noise

easement, property owner

agrees to not hold the

airport liable for any land

use issues.

Does not alter existing

incompatible land uses but

merely acknowledges the

existence of an issue.

Does not limit future

incompatibilities.

Used to record impacts and

notify a property owner of

the potential impacts while

removing liability for an airport.

Disclosure to

Real Estate

Buyer

Legal document

between property

owner and airport

sponsor that is

recorded with the

property title.

Informs the property owner

of potential issues with

developments near an

airport and discloses the

issues.

Does not alter existing or

future land issues, is an

informative type tool only.

Suggested for inclusion

when a new subdivision or

development is established

near an airport.

Source: Mead & Hunt, Inc.




5.3.a. Fee Simple Acquisition

Fee simple acquisition is the process by which an airport sponsor purchases

property from the existing property owner in its entirety, including the

structures and/or facilities on the property and the air and mineral rights.

This is the most effective mitigation strategy to protect the airport, since the

airport assumes sole ownership of the property, thus allowing the airport

sponsor to maintain the property in a compatible manner. The FAA

recommends airport sponsors own, at a minimum, the property within the

RPZ and highly recommends ownership of the runway approach areas.

The federal process outlined in FAA AC 150/5100-17 Change 3, Land

Acquisition and Relocation Assistance for Airport Improvement Program

Assisted Projects and the Uniform Relocation Assistance and Real Property

Acquisition Policies Act of 1970 (P.L. 91-646) must be adhered to when

property is purchased with federal funds. The FAA has developed a

brochure entitled Land Acquisition for Public Airports, which summarizes the

required process for land acquisition. AC 150/5100-17 Change 3, Land

Acquisition and Relocation Assistance for Airport Improvement Program

Assisted Projects can be found on the FAA web site at web address:

www.faa.gov/airports_airtraffic/airports/resources/advisory_circulars/media/150-5100-

17/150_5100_17_chg6.pdf

Uniform Relocation Assistance and Real Property Acquisition Policies Act of

1970 (P.L. 91-646) can be found at web site address:

www.fhwa.dot.gov/realestate/act.htm

Property acquisition may be expensive, however, it is the most effective

technique to address existing impacts and limit future development that can

create incompatible land uses. If an airport has areas with many

incompatible land uses, the airport sponsor may consider developing a

specific plan for property acquisition.




5.3.b. Avigation and Noise Easements

An easement is a right or privilege that one party has over the property of

another party and is often purchased by an airport sponsor to protect the

surrounding air space from incompatible development or encroachment

within airport environs. An easement can address avigation or air rights,

noise related to aircraft and airport operations, the right to obstruction free

airspace, or any combination of these issues.

An easement is a legal document, which is attached to the property title and

places existing and future property owners on notice that their property can

be subject to noise impacts and other land use controls associated with the

airport. Additionally, avigation easements can be utilized to mitigate existing

incompatible land uses that are hazardous to airports and aircraft operations,

such as trimming natural vegetation back to appropriate heights.

Avigation and noise easements should be used in conjunction with a broader

land use plan and must be enforced to ensure their success. Easement

acquisitions are governed by the same rules that apply to the fee simple

process, including the Uniform Relocation Assistance and Real Property

Acquisition Policies Act of 1970, and associated FAA ACs. Sample avigation

and noise easements are contained in Appendix G and Appendix F.

Figure 5-2 illustrates a sample penetration to an approach surface, which an

airport may work to remedy with an avigation easement.




Figure 5-2 Prevention and Mitigation Strategy Avigation Easement

Source: Mead & Hunt

5.3.c. Non-Suit Covenant and Hold Harmless Agreements

A non-suit covenant and hold harmless agreement are legal contracts

between a property owner and an airport sponsor, which acknowledges the

potential for incompatible land use issues. A non-suit covenant or hold

harmless agreement are typically used in conjunction with an avigation and

noise easement. These agreements legally record that a property owner has

agreed not to sue an airport over noise or other land use incompatibility

issues, because the property owner acknowledges the issues exist.

A non-suit covenant may monetarily compensate a property owner for the

easement while a hold harmless agreement may not. Neither will alter

incompatible land uses, nor limit future incompatibilities. Appendix E and

Appendix H contain sample language for a non-suit covenant and hold

harmless agreement, respectively.




5.3.d. Disclosure to Real Estate Buyers

The term “buyer beware” is a common phrase when purchasing real estate.

Many issues should be evaluated prior to the purchase and development of

property near an airport. As noted in the previous sections, there are a

number of planning, zoning, and land acquisition techniques used to guide

and regulate land use activities within a community and near an airport. A

buyer needs to be made aware of any land use compatibility issues that may

arise on a piece of property near an airport, as well as the various

easements, agreements and rights that may already be in place on the

property. Local and state governments can require the disclosure of

information to real estate buyers to communicate development concerns to

potential buyers. Appendix I provides a copy of sample language for a

Disclosure to Real Estate Buyers.

5.4 Noise Mitigation Strategies

Aircraft noise is a major concern for land use compatibility planning.

Prevention and mitigation options are typically costly and can include but are

not limited to: soundproofing, noise barriers, and land acquisition. Noise

mitigation options are usually guided by AC 150/5020-1, Noise Control and

Compatibility Planning for Airport, FAR Part 150, Noise Study, and the

development of noise compatibility plans. As outlined in FAR Part 150, a

noise study must follow a specific process and include key elements that

include:

• Identification of noise and land use issues and problems

• Definition of current and future noise exposure

• Evaluation of alternative measures

• Development of a noise compatibility plan

• FAA approval of plan

• Development of an implementation and monitoring plan




An FAR Part 150 study will benefit a community when the annual aircraft

operations are greater than 90,000 propeller operations or 700 jet operations.

Noise studies are typically applicable to larger general aviation airports or

commercial service airports that experience these higher levels of

operations. This level of activity can generate cumulative noise levels

greater than 65 DNL, which typically extend beyond the airport property

boundaries. The specific process, analysis, and associated deliverables of a

FAR Part 150 study are not discussed in this document. A two-part FAR Part

150 noise compatibility checklist can be found on the FAA website at:

www.faa.gov/airports_airtraffic/airports/environmental/airport_noise/part_150/checklists/media/noise_exp_map_checklist_part_i.pdf www.faa.gov/airports_airtraffic/airports/environmental/airport_noise/part_150/checklists/media/noise_comp_prog_checklist_part_ii.pdf

Based upon the results of the FAR Part 150 noise study, specific issues are

identified for mitigation. Mitigation strategies such as: sound barriers,

soundproofing, land acquisition, and the development of a master plan are

implemented to promote airport land use compatibility. Typically these

mitigation tools are utilized to address incompatible noise issues around

airports. Land acquisition can be used as a corrective, as well as a

preventive mitigation measure to maintain land use compatibility within the

airport’s environs.

5.4.a. Sound Barriers

Sound barriers can provide a prevention and mitigation tool to address noise

impacts within the vicinity of airport operations. Sound barriers have limited

applications and are typically used on airport property to shield noise-

sensitive areas from the most intense levels of airport operations. When

aircraft prepare for departure, the engine(s) are brought up to full power and

then tested. This action, called a run-up, often creates a high decibel noise

level at the end of the runway just prior to takeoff. If an airport has a noise-

sensitive area near the run-up activity area, a sound barrier can be installed

to shield an area from aircraft noise. Aircraft repair or maintenance facilities

often test engines as well. A specific location for such facilities should be

designated and a sound barrier can be used to contain aircraft noise.




Sound barriers take many different forms. Coniferous trees and shrubs can

be used as barriers but often provide limited sound reduction. They may also

result in future airspace obstructions if not managed or maintained properly.

Additionally, considerations should be given to the selection of species which

do not contribute to wildlife concerns. These vegetation barriers can also act

as visual barriers and are thus perceived as sound barriers. However,

certain vegetation can also act as wildlife attractants so care should be taken

to assess the impacts of this sort of sound barrier. Topographic features can

also be used as barriers. Earthen berms are commonly used as barriers

since they are relatively inexpensive to construct and maintain.

Man-made barriers are a costly option and often include wooden fencing or

masonry walls. Fences are the most common type of noise barrier because

they screen out both the view and sound. Masonry wall barriers are used in

areas where there is a specific point of sound generation, such as an engine

run-up area discussed above.

5.4.b. Sound Proofing

Soundproofing, though considered a prevention and mitigation measure, is a

partial solution to noise issues. Soundproofing addresses the indoor

environment, but does nothing to lower the outside noise levels. If a home is

determined to be within an area that experiences a high level of aircraft

noise, the house can be soundproofed to reduce the levels of noise within

the structure. Windows and doors of a more dense construction can be

installed, as can air conditioning units or a central air system, which reduce

the need to open windows and allow noise to enter the structure. Additional

roof and wall insulation can also be installed to soften the outside noise.

Outdoor noise levels should be considered during the development of a

compatible land use plan. Soundproofing will not alleviate noise interruptions

outside the home. Therefore, it is important to recognize the limitations of

this preventative and mitigation technique on outdoor environments.




5.5 Implementation

An airport sponsor, whether it is a commission, an authority, or a city

administrator, will be most effective in ensuring compatible land use around

airports if potential stakeholders understand the importance of airports and

the need for compatible land use. In addition to city and county officials,

local citizen involvement and understanding will assist in planning and

mitigation techniques. Airport sponsors will need to work closely with city

and county officials in developing comprehensive plan elements, zoning

regulations, and airport overlay zoning ordinances that:

• Preserve the viability of airports

• Minimize and/or mitigate potential noise impacts on surrounding

areas

• Preserve adequate space for airport operations, expansion, and

safety zones

• Protect airports and airport environs from encroachment and

incompatible land uses

Airport sponsors and managers also need to remain alert to proposed

development or expansion projects within the airports jurisdictional boundary

to ensure compatibility with the airport and the safe movement of aircraft.

Effective zoning regulations and notification of proposed development will

assist airport sponsors provide input. As airport sponsors develop long

range plans, city and county planners need to be consulted.

Educating and informing local citizens of the importance of compatible land

uses around airports is essential to the preservation of the aviation system

and the safety and quality of life of persons on the ground in the proximity of

local airports. These individual citizens influence the decisions of planners

and elected officials, who are directly responsible for the implementation of

the planning techniques required for compatible land uses.

Airports are important community assets.

Educating and informing local citizens of the importance of compatible land use around airports is essential.




Planning is a cyclical process that requires continual monitoring and updating

to implement and maintain compatible land uses near airports. This process

is necessary to continually evaluate and assess land use concerns as they

change and evolve within individual communities. Figure 5-3 illustrates the

cyclical process of evaluating and planning.

Figure 5-3 Land Use Compatibility Planning Actions

Source: Mead & Hunt




5.5.a. Compatible Land Use Planning Assessment

Airport overlay zoning is intended to preserve and protect aviation

infrastructure from the encroachment of incompatible land uses as previously

discussed. Many airports have taken steps to address the issue of height

concerns by adopting height limitation zoning. While beneficial, unless

coupled with corresponding land use limitations, the full potential of airport

overlay zoning is not completely realized and airports are left vulnerable to

incompatible land use developments. These incompatible land uses can

often endanger the safety of aircraft and airport operational areas and affect

the quality of life for citizens in proximity to an airport.

As noted in Chapter 4, there are many land uses that, depending upon their

proximity to an airport, may be compatible with airports. It has been noted

that these uses should be assessed and have additional review to fully

evaluate potential impacts or concerns. To assist with the implementation of

a possible review process, a sample checklist has been developed to assist

elected officials, planning commissions, zoning boards of appeals, and

planners, as well as developers, in determining the compatibility of proposed

land use development as it relates to airport environs. Local municipalities

and developers need flexibility to allow development within specific airport

overlay zoning districts to meet local needs while balancing safety concerns.

The flexibility must be evaluated based upon the potential impacts

associated with each land use compared to the needs of specific airport

overlay zoning districts. The checklist is provided as a guide for individual

municipal review. However, it is not meant to be an all-inclusive assessment

of local land use concerns but rather a guide for local municipalities and

specific use of this checklist is at the discretion of the local municipality.




5.5.b. Implementation of Land Use Compatibility Planning Checklist

The land use compatibility planning checklist is designed to assist in the

determination of land use compatibility. This form can be utilized as a guide

to evaluate proposed development within the airport overlay zones. The

questions in the checklist emphasize the primary concerns discussed in

Chapter 3. Appendix J contains a copy of the sample Land Use

Compatibility Planning Checklist. The checklist can be adapted to local

needs.

The questions contained in the checklist are meant to alert the reviewer of

potential concerns associated with the various land uses and provide a guide

to evaluate the proposed land use as it relates to the individual development

proposal. The checklist is not all inclusive, however it is meant to assist and

guide local municipalities when siting development within airport environs.

Answering the questions positively would indicate concerns related to these

topics and would therefore suggest additional review is necessary. The

items listed after each question illustrates the concerns that should be

considered relative to the broader topic. Should these items demonstrate a

significant impact, it is likely the use should be precluded. If the items are of

minor significance or can be minimized and/or mitigated, the use may be

permitted. This determination would be a local decision based upon the

overall assessment/evaluation.

Land use concerns to be evaluated can include but are not limited to:

Noise Sensitivity Related Issues

• Could the land use exceed compatible DLN noise levels of 65 or

greater?

o Can the structure/land use be insulated to reduce noise

impacts?

o Are there outdoor activities that would be impacted by noise

events?

o Can landscaping material be utilized to mitigate possible

noise exposure?

o Can the structure and/or land use be shifted within the site to

allow a more compatible location?

The checklist found in Appendix J is an important tool for cities when siting development near an airport.




High Concentrations of People

• Could the land use attract a concentration of people?

o What is the size of concentration of people?

o What is the frequency of use at any given time?

o Are there outdoor activities associated with the use?



Tall Structures

• Could the land use exceed height standards?

o Can the structure and/or land use be lowered?



o The applicant must submit an FAA Form 7460 to the FAA.

o Response from the FAA regarding Form 7460 is attached to

the report for reference. However, FAA determination does

not guarantee local approval.

Visual Obstructions

• Could the land use cause light or glare reflection upward?

o Can installation of down shielded light fixtures be utilized?

o Can the number of lighting fixtures be reduced while still

illuminating the land use area?

o Can lighting be configured in a linear manner such that it

does not align with a runway or airport facility making it

difficult for a pilot to distinguish?

o Can reflective building materials (such as mirrored/reflective

glass, solar panels, metal roofs, etc.) be limited within the

vicinity of an airport?

o Can areas of water be located away from the airport, due to

possible reflection concerns?




• Could the land use create or emit smoke, steam, or dust?

o Can the structure and/or land use be shifted within the site

so that the prevailing wind directions carries the smoke,

steam, or dust, away from the airport to allow a more

compatible land use?

o Can the land use activity be changed to reduce/limit

emissions of smoke, steam, etc.?

o Land uses that create or emit smoke and steam generally

contain stacks that could also be a height concern.

Wildlife and Bird Attractants

• Could the land use have or create areas of standing water?

o Does the standing water have wildlife controls in place such

as wires, balls, etc., across the water body that detracts

birds from landing, roosting, or resting in the vicinity of an

airport?

o Can the detention area be constructed in such a manner that

standing water is dispersed within 48 hours?

o If the standing water is associated with a detention area, can

the detention area be located under ground or have the

depth increased to reduce surface area?

Additional Considerations

• Could the land use contain flammable substances or materials?



• Could the land use cause a source of electrical, navigation, or radio

interference?

o Has the applicant coordinated with the FAA, through the

FAA Form 7460 to evaluate potential concerns?

o Has the response from the FAA regarding Form 7460 been

received? (Note: attach to report for reference)

(FAA determination does not guarantee local approval)




5.5.c. Example of Checklist Use

An example of how to utilize the Land Use Compatibility Checklist is outlined

below.

A local community has adopted an Airport Overlay Zoning Ordinance that

includes height and land use provisions. The community planning

department oversees the implementation and regulation of the overlay

ordinance. A developer approaches the local community in hopes of building

a multi-family residential development near the local airport. The following

would apply:

Background

• A developer proposes a multi-family residential development.

• It is proposed to be five stories in height.

• It is located in Zone D.

Preliminary Findings

• Per the Airport Land Use Compatibility Zones, Chapter 4 in this

document, Airport Overlay Zoning Charts (Table 4-4).

o A multi-family mid-rise development within Zone D would be

a conditional use (AR), which requires further review.

• Therefore, the local municipality would review the development in

greater detail and may utilize the Land Use Compatibility Checklist.

Use of Checklist

• The developer and the municipality complete the Checklist

evaluating the eight land use concerns.

• Their initial review indicates:

o One category with a – Yes answer in the column.

• Could the land use attract a concentration of

people? YES

o Three categories with – No answers in the columns.

• Could the land use create or emit smoke, steam, or

dust? NO

• Could the land use cause a source of electrical,

navigation, or radio interference? NO




• Could the land use contain flammable substances or

materials? NO

o Three categories with – Maybe answers in the columns.

• Could the land use exceed compatible DNL noise

levels of 65 or greater? MAYBE

• Could the land use exceed height standard? MAYBE

• Could the land use cause light or glare obstructing

visibility? MAYBE

Based upon the evaluation, it can be demonstrated that there are some

concerns which should be further evaluated. For example:

Noise Sensitivity Related Issues

If the apartment building has outdoor facilities such as balconies, tennis

courts, swimming pools or general recreational areas, aircraft and airport

operational noise impacts may be a concern. Mitigation measures may be

necessary for building materials or practices to reduce potential noise

concerns.

High Concentration of People

The number of units associated with the structure should be evaluated to

determine the size of concentrations of people in proximity to the airport. If

the complex is to have five stories and only four units per story with an

average occupancy of two persons, this would be a density of 40 persons. If

the complex is to have five stories with 20 units per story and an average

occupancy of two persons, this would result in density of 200 persons which

is considerably more than the first scenario. The first scenario may be

determined to be acceptable, while the second option may be deemed to

have too significant of a density.




Tall Structures

Typically a five story building in Zone D would not be a height concern,

however, without additional review, this would not be readily determined.

Assuming a standard of 10 feet of height per floor, the building would be

approximately 50 feet in height and the typical allowable height in Zone D is

150 feet above the established airport elevation. However, if the topography

is such that the property is elevated (i.e. located on a hill), the height of the

structure would increase relative to allowable height limitations, and could

therefore be a height concern. Consequently, indicating the existing ground

elevation at the proposed development site, relative to the established airport

elevation, is critical.

Visual Obstructions

The builder would need to supply a list of building materials to prevent the

creation of light or glare that could obstruct the visibility of the pilot. For

example, use of reflective glass should be discouraged or prohibited.

Summary of Findings

It is the municipality’s decision to approve or deny the proposed project

based upon an evaluation that attempts to limit, minimize, or mitigate the

degree of impacts and concerns relating to airport operations and safe

navigation of aircraft.

5.6 Summary

Many communities have some form of existing incompatible land use in

proximity to a local airport. It is important to develop strategies to mitigate

incompatibilities in order to maintain the safe and efficient use of airports, as

well as protect the safety of local citizens on the ground. It is essential to

provide an airport with a variety of mitigation and preservation techniques

because each airport has its own unique set of land use issues. This effort

begins with a solid understanding of the existing and future needs of the local

airport as well as the local community. Using this assessment as a

foundation, the airport sponsor and impacted jurisdictions can move forward

to develop complementary comprehensive plans and airport master

plans/airport layout plans which can guide the development of airport

compatible land use that utilizes a number of techniques, including planning,

zoning, land acquisition, and natural features mitigation.

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